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CEQA
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CEQA Developments
Second District Holds Short CEQA Statute Of Limitations Not Triggered By NOD That Fails To Provide Public Notice Of Material Changes In Project As Actually Constructed From That Described In EIR
On December 15, 2014, the Second District Court of Appeal (Division 6) issued a pithy published opinion affirming the Ventura County Superior Court’s judgment. The judgment granted a peremptory writ of…
California Land Use & Development Law Report
Conservation Easements Not Required As Mitigation For Permanent Loss Of Farmland
By Perkins Coie
In Friends of the Kings River v. County of Fresno, the California Fifth District Court of Appeal upheld the County of Fresno’s adoption of an Environmental Impact Report for a…
CEQA Developments
“Making CEQA A Federal Case? Recent Actions of California’s Supreme Court and the Federal Surface Transportation Board Set Up A Preemption Showdown”
Controversy has dogged the California high speed rail project since before its inception with the 2008 passage of Proposition 1A, the bond measure providing the project’s initial funding. The controversy…
Land Use Law Blog
Court Affirms Inadequacy Of Programmatic EIR for SANDAG’s Sustainable Communities Plan, rejecting Alternatives and Lack Of Meaningful Mitigation Measures
Cleveland National Forest Foundation v. San Diego Association of Governments (November 24, 2014, D063288) ___ Cal.App.4th ___. By William W. Abbott In the first published decision to review a metropolitan…
CEQA Developments
Fourth District Publishes Another CEQA Decision Setting Aside San Diego Lead Agency’s EIR For Failure To Analyze And Mitigate GHG Emissions Per 2005 Executive Order; SANDAG Announces It Will Seek Review Of Related Adverse Decision
“And all this science, I don’t understand It’s just my job, five days a week” -- Elton John/Bernard Taupin, “Rocket Man” Having seen years of their lofty regional planning efforts…
CEQA Developments
Supreme Court Hears CEQA Categorical Exemption Case Arguments; Matter Now Submitted And Awaiting Decision
I had occasion earlier this week to attend oral argument at the California Supreme Court in the Berkeley Hillside Preservation v. City of Berkeley case (No. S201116), which involves issues…
Land Use Law Blog
SAVE THE DATE! Abbott & Kindermann’s 14th Annual Land Use, Real Estate, and Environmental Law Update
Reserve your seat for one of four seminars taking place in early 2015. In January and February 2015 Abbott & Kindermann, LLP will present its 14th annual educational program for…
Administrative and Regulatory
Appellate Court Rejects Challenge to Use of Categorical Exemption for Conservation Easement over Hunting Club Property
In an unpublished opinion in Paulek v. Department of Fish & Game, 2014 Cal. App Unpub. LEXIS 7710, the Court of Appeal for the Fourth District affirmed the trial court’s…
California Land Use & Development Law Report
Court Blocks Opponents’ Shot at Halting New Kings Arena
By Alan Murphy
The court of appeal recently upheld legislation modifying several deadlines for CEQA review of a project that includes a proposed new arena for the Sacramento Kings, rejecting a claim the…
Environmental and Climate
Appellate Court Upholds CEQA Amendments Streamlining Approval of Sacramento Arena Project
In Saltonstall v. City of Sacramento, 2014 Cal. App. LEXIS 1053, the California Third District Court of Appeal affirmed the constitutionality of a legislative amendment to the California Environmental Quality…